This Is Guernsey

By Kim Bougourd

Teacher Moira Murphy, mother of Fort Road accident victim John.

THE Magistrate‘s Court yesterday rejected calls for clemency and jailed the mother of Fort Road car dragging victim John Murphy for drink-driving.

Assistant-Magistrate Philip Robey said he would be failing in his duty if he imposed anything other than immediate custody.

He jailed for four weeks La Mare de Carteret Primary teacher Moira Murphy, who is 56 today, and who was more than three times the limit.

Although he accepted that her drinking had been triggered by horrific and devastating incidents in her life, they had not triggered her decision to drive.

The court had heard that shortly before the accident Murphy’s fiance had been diagnosed with cancer.

Also handing down a five-year driving ban, Mr Robey said: ‘You knew what you were doing when you drove. You posed a real risk to other road users.’

Murphy has a similar conviction from eight-and-a-half years ago.

Murphy’s erratic driving was reported to police at 11.30am on 9 February.

She had hit a wall and failed to stop or slow down at a filter. When police stopped her at La Rue du Pont Vaillant, Vale, she told them to ‘lock her up’.

Tests found that she 119 micrograms of alcohol per 100ml of breath. The limit is 35.

Murphy, of Apartment 8, Belvoir House, Rue de la Hougue, Castel, received a three-year driving ban in 1998 for drink-driving.

Advocate Rachel Eeles urged Mr Robey to impose a suspended sentence or community service order.

She asked that the previous conviction be ignored because of its age. But Mr Robey said he was unable to do this.

Advocate Eeles told the court that her client, who has taught at La Mare for 20 years, was a well-liked and respected teacher, considered as ‘special’ by her adoring students.

The offence, she argued, was the result of her consumption of alcohol, which she used as a ‘coping mechanism’ following her son’s horrific accident, a few days before which her fiance had been diagnosed with cancer.

Advocate Eeles told the court that the accused’s son’s injuries had been life-threatening.

She remained by his side while he was in intensive care in England for six weeks.
Mr Murphy wrote a letter to the court to say that she had given him the strength to pull through.

The ‘tragic suicide’ of the car driver added to her strain, said Advocate Eeles.

She added that the defendant, who has a history of alcohol abuse, was physically and emotionally exhausted at the time.

Murphy, who admitted the offence, had no recollection of hitting the wall or going through the filter.

Referring to sentencing guidelines laid down by the Royal Court that state custody should be considered for second-time offenders with a reading of 70 or above, Mr Robey said this type of offence was exactly what the higher court was looking towards.
He said the reading was ‘exceptionally high’.

Guidelines suggest a sentence of between four and six weeks for such an offence.
Powerful mitigation, he said, persuaded him to keep the sentence to the lower end of this.

* The Education Department refused yesterday to say whether Murphy will keep her job. A spokeswoman said: ‘This is a private matter and the department does not wish to comment publicly on this situation.’